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(영문) 광주지방법원 순천지원 2018.01.18 2017고단1976
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 2009, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch on February 6, 2009, and a summary order of KRW 3 million for the same crime in the same court on November 9, 2012.

On September 4, 2017, the Defendant driven a vehicle B with low alcohol content of 0.133% while under the influence of alcohol at approximately 100 meters from the front day of the Italian Jeju Island in Syndong at Syncho-si to the front day of the White Hospital located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: Inquiries about criminal history and application of the Acts and subordinate statutes of investigation report (Attachment to the same type of crime);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment to prevent recidivism shall be determined in light of the criminal records of the defendant with the reason of sentencing under Article 62-2 of the Criminal Act and the drinking volume of this case;

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